Constitutional Law
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Choosing Utah’s next supreme court judge
As Utah prepares to fill a vacancy on its Supreme Court, the focus must remain on the most essential judicial qualification: a commitment to apply the Constitution’s original meaning.
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What Americans get wrong about the “hate speech” debate
The U.S. Constitution provides some of the strongest protections for free speech in the world. We examine misconceptions about “hate speech,” the rare legal exceptions, and consider the role of culture in sustaining open dialogue.
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What is hate speech, and is it protected by the Constitution?
Following recent events and calls to ban hate speech in America, many have misunderstood whether it’s protected speech under the Constitution. We ask our constitutional law expert for his input.
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Previewing new Religious Freedom Cases at SCOTUS
The U.S. Supreme Court will hear cases this term that could shape the future of religious liberty, including disputes over prisoners’ rights, free speech on public sidewalks, donor privacy, and counseling laws.
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Believe in the Constitution, not political power
The Constitution grants states and Congress, not the president, authority over election laws. An executive order to ban mail-in voting would be constitutionally weak and unlikely to survive judicial review.
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Judges should not amend the Constitution, even for a good reason
A recent Utah district court redistricting ruling, based on a flawed Utah Supreme Court precedent, undermines separation of powers by allowing judges to reinterpret constitutional meaning instead of preserving its plain text.
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Why Utah’s legislature is talking so much about the judiciary
A Utah proposal to change how the chief justice is chosen raises deeper questions about the balance between courts and lawmakers.
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The silent price tag of federal bureaucracy
Federal guidance may not be law, but it often carries expensive consequences for states, without accountability from federal agencies.
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Do federal courts have the power to spend taxpayer money?
The Constitution gives Congress the power to decide how taxpayer money is spent. A recent federal case challenges that principle.
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Can Utah keep its republic? A new lawsuit raises this question
Utah’s highest court weighs a sweeping initiative challenge, exposing the tension between direct lawmaking and representative government.